Commissioner of Police, NSW Police Force v Bonkain [2024] NSWCATAP 15

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Commissioner of Police, NSW Police Force v Bonkain [2024] NSWCATAP 15 Hearing dates: 22 January 2024 Date of orders: 2 February 2024 Decision date: 02 February 2024 Jurisdiction: Appeal Panel Before: K Ransome, Principal Member D Goldstein, Senior Member Decision: 1. Leave to appeal granted. 2. Appeal allowed. 3. The applicant and respondent in matter 2023/00175532 are granted access to the summonsed material (which may be uplifted by the parties' legal representatives). Catchwords: APPEAL – summonses to treating medical practitioners to produce documents – whether Tribunal erred in setting aside summonses - whether summonses have legitimate forensic purpose – whether a fishing expedition – mistake as to facts – incorrect application of law Legislation Cited: Civil and Administrative Tribunal Act 2013 Firearms Act 1996 Firearms Regulation 1997 Cases Cited: Champion Homes Pty Ltd v Guirgis [2018] NSWCATAP 54 Collins v Urban [2014] NSWCATAP 17 CPJ v The University of Newcastle [2017] NSWCATAD 350 Elanor Operations Pty Ltd v Chief Commissioner of State Revenue [2020] NSWSC 840 Gill v Trustees of the Marist Brothers [2022] NSWSC 1087 House v R [1936] HCA 40; (1936) 55 CLR 499 Sharpe v Grobbel [2017] NSWSC 1065 Texts Cited: Nil Category: Principal judgment Parties: Commissioner of Police, NSW Police Force (Appellant) Aaron Bonkain (Respondent) Representation: Counsel: R Pietriche (Appellant) P Carasco (Respondent)